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201002498 45. Performance of Duties by A~e,nts. Trustee may authorize one or more parties to act on Trustee's behalf to perform the ministerial functions required of Trustee hereunder, including, without limitation, the transmittal and posting of any notices. 46. Miscellaneous. (a) Successors and Assigns. This Deed of Trust and all provisions hereof shall be binding upon and enforceable against Grantor and its assigns and other successors. This Deed of Trust and all provisions hereof shall inure to the benefit of Beneficiary, its successors and assigns and any holder or holders, from time to time, of the Note, the 2007 Note and the 2003 Loan Agreement. (b) Invalidit of Provisions• Governin Law. In the event that any provision of this Deed of Trust is deemed to be invalid by reason of the operation of law, or by reason of the interpretation placed thereon by any administrative agency or any court, Grantor and Beneficiary shall negotiate an equitable adjustment in the provisions of the same in order to effect, to the maximum extent permitted by law, the purpose of this Deed of Trust and the validity and enforceability of the remaining provisions, or portions or applications thereof, shall not be affected thereby and shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, except to the extent any law, rule or regulatian of the federal government of the United States of America may be applicable hereto, in which event such federal law, rule or regulation shall govern and control. (c) Munici al and Zonin Re uirements. Grantor shall not by act or omission permit any building or other improvement an premises not subject to the lien of this Deed of Trust to rely on the Premises or any part thereof or any interest therein to fulfill any municipal or governmental requirement, and Grantor hereby assigns to Beneficiary any and all rights to give consent for all or any portion of the Premises or any interest therein to be so used. Similarly, no building or other improvement on the Premises shall rely on any premises not subject to the lien of this Deed of Trust or any interest therein to fulfill any governmental or municipal requirement. Grantor shall not by act or omission alter (or permit the alteration of) the zoning classification of the Premises in effect as of the date hereaf, nor shall Grantor impair the integrity of the Premises as a single zoning lat separate and apart from all other premises. Any act or omission by Grantor which would result in a violation of any of the provisions of this subparagraph shall be void. (d) Ri hg is of Tenants. Beneficiary shall have the right and option to commence a civil action to foreclose this Deed of Trust and to obtain a decree of foreclosure and sale subject to the rights of any tenant or tenants of the Premises having an interest in the Premises prior to that of Beneficiary. The failure to join any such tenant or tenants of the Premises as party defendant or defendants in any such civil action or the failure of any decree of foreclosure and sale to foreclose their rights shall not be asserted by Grantor as a defense in any civil action instituted to collect the indebtedness secured hereby, or any part thereof or any deficiency remaining unpaid after foreclosure and sale of the Premises, any statute yr rule of law at any time existing to the contrary notwithstanding. 28